Human rights commission urges veto of HB 279

George Stinson

House Bill 279, which is called "The Religious Freedom Act," could jeopardize enforcement of the Kentucky Civil Rights Act and other civil rights laws. In other words, if passed into law, this legislation has the potential to undermine the hard-won protections that ended legalized racial segregation, sexual discrimination, discrimination against people based upon their religions, and more.

The bill, which recently passed in the state House of Representatives and in the Senate, resides with Gov. Steve Beshear who may sign it into passage, veto the bill, or allow it to become law without his signature. The Kentucky Commission on Human Rights urges Kentuckians to support Gov. Beshear vetoing this bill and letting him know of their support by calling the Kentucky Governor's Office at (502)564-2611. The commission further urges Kentuckians to tell their state representatives and state senators not to override a veto from the governor. Kentuckians may convey this message to the General Assembly by calling the state Legislative Message Line at (800)372-7181.

The bill was presented by its sponsors as a measure to protect religious freedom, but because of its language, it poses a significant threat to all people of the state in that individuals and religious organizations may claim a right to engage in discrimination made unlawful by the Kentucky Civil Rights Act on the grounds that a perpetrator's actions of discrimination are "motivated by a sincerely held religious belief." Such a law could similarly block the enforcement of local civil rights ordinances by Louisville, Lexington, Covington and Vicco, Ky., which protect people from discrimination based on sexual orientation and identity.

The commission also is greatly concerned over the potential costs that litigation challenging the constitutionality and applicability of HB 279 would inevitably produce. There are numerous federal cases around the country percolating through the system involving these same issues arising from the bill's federal counterpart. State and local human and civil rights commissions are unlikely to have the resources to effectively defend or prosecute such claims. In addition, cases challenging the constitutionality of a state statute are typically defended by the state attorney general. Much of the costs of this type of litigation will therefore fall squarely on the backs of taxpayers.

The Kentucky commission on March 5 issued a statement along with the Louisville and Lexington local human rights commissions asking legislators to amend the bill that would guarantee the full enforcement of civil rights laws. After the Kentucky House of Representatives and Senate passed the bill without such language, the Kentucky commission on March 8 delivered a letter to Gov. Beshear urging him to veto House Bill 279.

GEORGE W. STINSON

Chairman, Kentucky Commission on Human Rights

Louisville 40202

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Human rights commission urges veto of HB 279

House Bill 279, which is called 'The Religious Freedom Act,' could jeopardize enforcement of the Kentucky Civil Rights Act and other civil rights laws.